Caste system and reservation
CASTE INTIATIVE THEORIES-
There are several theories behind the origin of the caste system, According to the theory found in rig Veda; the first humans in our universe destroyed themselves to create our society. People of different categories that is,”varna”came out of their different boy parts from the head cam out the brahamins-the intelligent and knowledgeable ones and it is believed that they are responsible for our education,from their arms came out the kshatriyas that were powerful and strong and hence considered as warriors,from their thighs came out the vaishyas-traders,from their feet came out the shudra that do menial jobs in our society.one category from this entire sytem -that is dalits because they are not even present I nthis classification.this is why they are also called’avarnas’.Some people say that isn’t the caste that decides our occupation,rather it is other way round.since the brahim were more knowledgable,they became the teachers of our society but isn’t only the brahims that can become teachers.Other people can also seek knowledge and become brahims.However,anyone from others varnas could also become brahim after extensive acquisition of knowledge and cultivation of one’s intellect.and the Brahmin women could also marrya kshatriya or vaishya man ut it was almost impossible for them marry a dalit or shudra.According to this theory,our caste system was little fluid and anyone could become a brahim by gaining knowledge.But weknow with the passage of time,this caste system became more rigid and caste rules are everywhere to be seen.like gautam Buddha,who was himsekf born as kshatriya,was against the caste system. The reason behind this is simple-the brush wanted to make the task of administering India more simple.All consider manusmriti book as where from it all started that even Dr.ambedkar also raise their voice against the manusmriti is the root where from it all started and he even tore it and put fire to book. Apparently, the Brahmin patriarchy, not only the Brahmin patriarchy. Kshatriya patriarchy, Vaisya patriarchy and Sudra patriarchy as well, patriarchy is in all of them.
BACKGROUND-
You know the word caste came from Spanish in Portuguese word ‘casta’ the word was first used in 1569 few years later Portuguese east India company came into India in 1628 ,this might shocking for us there were many east India companies British ,Dutch ,Portuguese ,Swedish ,French, Danish all came to loot us but in our textbooks we only taught about the British east India company.So,when this Portuguese came to India they used the word the caste started dividing us, this was again picked up britishers and happily divided us ruled us, divide and rule policy, it doesn’t really work here in India because this the land where we always talked about unity not as teaching just as an understanding of the existence, division is not in existence all around the globe. the air that we breathe is coming from the outside which is connected to very other life doesn’t matter how much you isolate yourself the very space that you’re living in is commonly shared by all life forms. there is no division at all it’s in the organic unity of the same atmosphere that we are all living in sages observe this they have designed methods to experience this unity with the universe that is what yoga is all about so basically yoga is more important for people missing connection with the universe and talking about divide and rule on top of it the max Muller wrote false translation of the books fake narratives of the sages of wisdom and we blindly followed it and ended up like this nut we people blindly believe that there is an existence of the jathi system, but jathi word was never used in any of these Shasta or books we had Varna system and people consider it same as jathi system.non of them put and effort to find the deep and true difference between them both.Fristly there is no varna called dalit is made-up name there is only four varna Brahmin, kshatriya, vaishya and shudra.Dalit means who got suppressed, it’s written in manusmriti. Firstly we should understand that varna is not according to which families you’re born, it’s according to to your level of knowledge and awareness or we can say, Varna system is according to our skill and wisdom not according to where we’re bron.Unfortunately there is irony in this country for the sake of politics they will keep you tagged with your own caste and take your words.
RESERVATION AND LEGAL PERSPECTIVE-
For nearly sixty years,India through a policy called –“reservation”.has attempted to put an end of this The legal doctrine developed alongside this policy traces the national memory of the caste system and its consequences, and reflects an understanding that the caste system has left a pervasive mark on nearly every aspect of Indian society. The doctrines developed by courts in response to these policies, however, have a peculiar relationship to the political authority of castes and other communities subordinate to the state. To a surprising extent, Indian courts have shown deference to the authority of the caste system in ways that underscore the political authority of the caste hierarchy and undermine the constitution's aspiration to greater equality. This feature of Indian equality law reflects a tension between the constitutional aspiration to social reform on the one hand, and deference to the authority of the caste or tribe to define its own boundaries on the other.Indian law has sought to include these communities in its project of far reaching social reform. When constitutional law attempts to dismantle a status hierarchy and articulate a normative framework for doing so, it must contemplate this process of reform as involving not only the enactment of legal rules to protect these groups, but also the important role these groups will play in the evolution of the normative commitments that structure law's relationship to that hierarchy. The castes themselves have a view of Indian history that has been shaped by their history of social subordination. Indian constitutional law has sought to break with that history and to articulate new constitutional values that mark the beginning of a new social order.
CONSTITUTIONAL REMEDIES-
The exact necessities for the reservation in services in favour of the members of the SC/STs have been made in the Constitution of India. They are as follows: Article 15(4) and 16(4) of the Constitution enabled both the state and Central Governments to reserve seats in public services for the members of the SC and ST, thereby, enshrining impartiality of opportunity in matters of civic service. Article 15(4) states that: “Nothing in this Article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class or citizens, which, in the opinion of the State, is not adequately represented in the services under the State.” Article 16(4 A) states that: “Nothing in this article shall prevent the State from making any provisions for reservation in the matter of promotion to any class or classes of posts in the services under the State in favour of SCs and STs which in the opinion of the State are not adequately represented under the State”(Constitutional 77th Amendment, - Act, 1995). Article 16 (4 B) states that: “Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty percent reservation on total number of vacancies of that year” (Constitutional 81st Amendment, - Act, 2000). The Constitution prohibits discrimination (Article 15) of any citizen on grounds of religion, race, caste, etc.; untouchability (Article 17); and forced labour (Article 23). It provides for specific representation through reservation of seats for the SCs and the STs in the Parliament (Article 330) and in the State Legislative Assemblies (Article 332), as well as, in Government and public sector jobs, in both the federal and state Governments (Articles 16(4), 330(4) and 335). (Sukhadeo Thorat and Chittaranjan Senapati 2006)
IMPACT OF RESERVATION POLICY ON EMPLOYMENT AND EDUCATION-
Impact of reservation policy on employment and education. As may be evident from the particulars in the earlier paragraphs, the strategy of reservation had a helpful effect in conditions of induction of scheduled castes, scheduled tribes and other backward classes into public sector employment and in educational institutions.However, their accessible share in employment and educational institutions still falls short of the target in certain categories of jobs and higher education. The target in the case of Groups D and C are close to the population mark of 15 per cent for scheduled castes and 7.5 % for scheduled tribes but fall short in Groups A and B. As against this, the true position regarding the representation of other backward classes in central services is not available. However, as stated in para 6.4, in the All India Services and central services for which employment is made through the Union Public Service Commission, representation of other backward classes is very near to their share. With the growth in the share of scheduled castes and scheduled tribes in public services, it had positive multiple effects on the social and economic situation of these two disadvantaged groups. The data provided by the ministry of personnel indicates that in recent years the vacancies reserved for the scheduled castes, scheduled tribes and other backward classes are being filled fully even in the „elite‟ services at the centre. Reservation did not provide equal opportunities within each group/community to all beneficiaries. Consequently, different castes and tribes within a group/community have not benefited from reservation equally. Almost in all categories of beneficiaries among scheduled castes, scheduled tribes or other backward classes and minorities, there is a growing sense of deprivation amongst different categories, which is leading to internal dissension. For example*, in Punjab, the Valmiki Samaj is asking for a separate quota of reservations on the ground that Ramadasis and Mazbis have cornered the benefits. Likewise, Chamars in Uttar Pradesh and Mahars in Maharashtra are said to have benefited from the reservations more than other castes identified in the schedule from these regions. Similar accusations have been made against the Meena community by other scheduled tribes. Problems of this kind are manifold in the case of other backward classes, as in each state there are dominant groups, usually with economic and political clout, who reap the benefits of reservations. There are Ezhavas in Kerala, Nadars and Thevars in Tamil Nadu, Vokkalligas and Lingayats in Karnataka, Lodhs and Koeris in Central India, Yadavs and Kurmis in Bihar and Uttar Pradesh and Jats in Rajasthan, which, despite their dominant status, have been clubbed as backward classes eligible for benefits under reservations. For these reasons, reservation has become a contentious issue today, more so when it is applied to other backward classes
RESERVATION IS NOT A FUNDAMENTAL RIGHT-
On 11 June 2020, the Supreme Court refused to amuse a batch of pleas by Political parties from Tamil Nadu, seeking to restrict the Centre from proceeding with all India counselling for UG and PG medical courses. A bench of Justices L Nageswara Rao, Krishna Murari and S Ravindra Bhat dismissed the petitions. The medical courses like NEET UG for MBBS and NEET PG for MD or MS.While conducting these exams there has been counselling and after ward also that decided the allotement of seats of medical colleges all over india.In India,there should have all medical colleges seat's 15% are reserved and they would have been filled according to central merit list,and the 85% are filled by the state level counselling. The tamil nadu have different aspects on the topic of reservation,they've had 69% of seats are reserved.The petitions challenged the Centre's decision not to grant 50 % reservation to OBC candidates in medical seats yield by Tamil Nadu in all-India quota. Under Articles 32, they sought directions to the Centre to execute 50% OBC quota in seats submitted by the state in the all India quota for undergraduate and post-graduate medical and dental courses for 2020-21. The bench observed that no case was made out for the petitioners to approach the top court directly under Article 32. "Nobody's fundamental rights are being violated here. Article 32 is available only for violation of fundamental rights. We assume you are all interested in fundamental rights of the citizens of Tamil Nadu. But right of reservation is not a fundamental right,"
REFERENCES-
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-Ajay Raj Singh Chauhan